The Sun. — London, England, 1808-02-15 00:00:00

;. ~, NAVAL NEWS. k!ros t the LONDON GAZETTE, Feb. t 3. Admiralty-Office, Feb. 13 , 18 0 . Cot" of a Letre , from Admiral Montague, Cow - tole:der in Chief of His Majesty's Ships and Per i. ~sels at Portsmouth and Spithead, to thellon. IV. TV. Pole, dated on board the Royal IPilfianz, at Spithead, the 1 1 h inst. SIR, have much pleasure in acquainting you, for the information of the Lords Commissioners of the Ad miralty, that His Majesty's Sloop Port Mahon, with French Privateer she had captured, - is arrived at Spithead ; the particulars of which are stated in the inclosed Letter from Capt. Chinibera. I have the honour to be, &c. GEO - . MONTAGUE. ' ' His Majesty's Sloop Part Mahon, at Spithead, inth Feb. isos. On the Bth inst. at Two, P. M. Beachey-Head hearing East six leagues, chace was given 'by the . I ' 3 °P I command to a Lugger bearing S. W., which lye came up with at Ten P. M. and captured,; she Proving Le Ifuret French Privateer, of Havre, oat on e day, conunarided by 3. B. Villain, carrying six teen guns, and having forty-seven men ; she had not made any capture this eru6e, which is her second ' I am, &'c: ' . S. CHAMBERS. To G eorge 111o4tague, Esq. ,of the White Commander in Chief, • &c. te c. the I ‘ I 4IIGA TE , F EB .. I 3. ..:_,Th e perseverance, El .:.10T, from Cork,ithe ayde,ljAcKsorz,. from Halifax, the 2710/nas. • qnd , front Portsmouth, and the Tenby,.NtAnoe tsr, from Waterford, 0 11: for London, aro on short near this place; the crews °f the two latter are dr‘iwned, and four of the Clyde's cre',v•--The Countess.of Elgin Cutter is on shone in ()I r ay, also one o f our Hoys (the Governor): . Two Loggers belonging to this place; in standing aatof the harbour last,night, for,. the purpose awering,4gtials of distress, ran. foul : of each other, by which accident one of them sunk ,and two, of the Crew were drowned. The Slav Irintr the. Milian's, Of Penzance; bound to London, are brought into this harbou r with. the loss of anchors and cables; also the Brig tibcr, of Yarmouth, from Cork, : for tond, on ; the Mariner Gun-brig and the Maack, fr "nl Zante, for tondon, received much damage in Roads yesterday; the . .Nsptnne, LITTLE, from Chatham for Chepstow, was driven on shore near f'ingqgate, and, since burnt; the itpo ll o,_WtsuAuT, z ,rn London, for St. D om i ngo, and Abe Emily,. " 4 uA, from ditto, for Jamaica, have put. into 'Nate with damage. tJ~ 19filTELOCKE's FIFTEENTH DAL• Tits morning Lieutenant , Colonel Toanatzs ex,- I)l4ine cl some part of his evidence given on Saturday last ' after which Colon , -1 SCIU/RES, of the Artillery , 11'4 ex amined, whose ex i nination was proceeding At the time our Express letl Chelsea. 0) n - 1 1 Wedn es d ay n i g h t, a b out. h a lf -past seve n ei s i r , ol ,. ti "`"! an explosion took place on board the Spy_ ° '"P In ordinary, at Sheerness, 'in consequence ,of so n , e ''' Powder, which bad been; embezzled, tak ing ss -re ' by \l'llich accident the fine part of the:Vigitlel ,tell tn ateriallyittjured, and' nine men and a woman, ;6'f niling to the Charger Gun-brig, most miserably. Vt. The surrounding Ships immediately sent i t .Z! and fire -buckets to her Itssistance, or she must i ) j - ' it ablY have been destroyed. One man was rust overboard, %Ind, .picked up without ' having I : 4Bt ained the least injury. The unfortunate sufferers t , e ,:, e sent on board the Sussex Hospital Ship; wheye . ha -.1 attention has been' paidto them, and we are • PPS' to acid that' they are in a fair way of recovery. ty , v s f l a Q entlearan who left Lisbon qn the id ul t . of tt.weeen favoured with the following account of Ai m u sliian F leet - in the Tagus, uncler the orde rs 0 . 1 *r- vtosi ; 1 ., itirsvzsr : . ' PA,„I-° iett-shi ) suns. ,Tilasact linei - P 4 Ratvczan 'r. Ele na " . IA Slioroe SidtchNi . ' 74 jurastofr ' ° 74 1 Keldecins Th e t , _. , with 1 " 381 411 i are by no means on friendly terms' bet th e French. The quarrels were so freq uent; Confine them, that it hag' been fpund necessary to 0. , 6ne th e t i: e Parti cu i ar Russian seamen to their ships, excepting ! occasions, when officers 'are sent with hose t o enforce order. . The Russian ships are very fu r W s h o und in every respeet, and Lisbon does not tiell t here With th e requisite supplies.. A regi tiv "` (14 Ha noverians in the French service has tir ed at Lisbon. Tice A . . • 1-.1 zsar s. -- -Reybronns, who isvell known for . t„"` r _ v tnerit s as a Landscape Painter, as well as an En o4ler,, has just finished a fine print from NORTH-. 15 11 ,,: i excellent portrait of His , MAJESTY on horse *rice which is to be placed in Lancaster Castle. ta i' e _ print is very large, and highly creditable to the t nis n ,is of the Artist. NO,IIIHC,OTIS has ur f arly lionned for the ensuing Exhibition a pidure, - of , the igl us and iienrus under the proteaing care of .- 11 1 , n : N ulf• The subleCt is treated with great judg-' hi at and 06turesque skill. Th e A rt i st h as ta k en a iiistor'r.°4l'Pr.u.rAecir, in his representation of this 4de teal fable, and has diversified the subjeLi with highs of „ u skill that will considerably increase the e ho possesses. • guns. 64 - 64 • 3% LAI? REPORT. COURT OF CHANCERY, F. 13. THE KING V. BURR. The SOLICITOR GENERAL for the Crown called Witnesses to prove that the Defendant hacb been guilty of a smuggling transaction, in disp9sing nine pieces of Bandanna handkerchiefs for t 31. to a man named Turner, on whose information it-ap peared the penalty was sued for. In defence it was set ,up, that the goods sold, and the room in which .they were deposited, were the property of his father, a Dissenting Minister, who at that time. was laying on a sick bed. Evidence to this of a' itr4s called. The Lem) Curer BARON summed up at some length, and the Jury found for the Crown in the amount of the penalty. • - • • The case of Lieut.-Col. Draper and Col. Fullarton stands over sine dine. • COURT OF KlNa's ]TENCH, Fes. ij,. SPYLEY V. HYDE. The Plaintiff in this case was ' a hatter, who sought to recover from the Defendant, an Apothe-, cary, the sum of 111. being the amount of an ac count of furnishings to the Defendant and to his son, a Surgeon in the Navy, while he lived in the family with 'his father. The account was proved, ,and two servants. of the Plaintiff swore to a conver sation between their Master and the Defendant, in the year 1797, in whiCh he 'stated that his son was of age; and ought himself to have been charged with the articles furnished to him ; while the . Plaintiff, on the whet hand, denied that he had any knoW ledge of the young man's beihg of age, or that he was not to look to the father for payment. • For the Defendant it was argued, that the son was completely emancipated from the jurisdiaion of his father long before the date of the furnishings in question. A' younger son was examined, who • stated that he was present, HI O&oher 1805, .when .his. father. had settled an account with the Plaintiff, and informed ,him: that his eldest son was then of ages and ,that he must look to him in ' future for paymenCof - ' any account he might contra&. A •!tender lir' the Defendant of the proportioti of the ~ accountAtie by him, .and an offer on the part of the son to pay his account to the plaintiff; were also proved. . t . It appearing, however, that the offer last men -tiened was not made till sifter the present, anion was bIOUSIII ; and the Jury giving credit to the conversation between the Plaintiff and Defendant, which passed in presence of the Plaintiff's two servants, the Jury gave a verdi& for the Plaintiff— . Damages 111. . . . .. Ttia. KING V. BENJAMIN WALLER . AiTD GTHERS. .„ . !r4 This trial occupied the , w i hole of the day. It ap peared-that the Prosecutor, -Mr. Lancaster, a stock broker, in Surrey'-street, -Strand', was, on the 29th June last, at his, country-house, IVlichiel's-grove, ' litompton. He spent the evenipg .with his wife and child, at the house of Mr. Jacob, his wife's .uncle, in the neighbourhood ; and the child having been peevish during the evening, he was obliged to return home sooner than he intended. At half-past ten he left Mr. Jacob's house. The child' was -frightened • at the darkness of the - night, and t cried loudly. The father took him up in his arms to pa cify him, when he thought the child kicked at: his 'mother, on which he gave him' two or three slaps, and made WM . walk. Three ladies came up at this moment, and conceiving. Mr. and Mrs. Lancaster were not the parents of the child, and -.that they , were treating it cruelly, they. made an outcry, and ' gathered a mob. Mrs. Lancaster and the child inade their escape, but Mr. Lancaster was very roughly , treated. It appeared that hd did, in a great mea sure, bring it on himself, by insisting on keeping 'one of the ladies in custody until a Peace (hike r was procured. She wai (Jo: y6ars of age, and of -tespeeiable , appearance, and th e mob eagerly es , e pused, her cause. Benjamin 'Waller and four others were found Not Guilq. . Sarah,Waller and six °them were found Guilty. COURT OF COMMON ,PLEAS, ['Ea. 13. EDWARDS V. BERRY. Serjeant Barr stated this to be an atlion brought against Mrs. Berry, the widow of a deceased Tax gatherer. The sum in dispute was Bi. which, it was prayed, had been paid to him, 'and not placed to his credit. ;, Serjeant cOcitat.t., •on the other side, proved that The money was due and the debt' was contraaed,' in, the life-time •of the : husband, and therefore that in point of law the Eiecutor . and Adroimitrator .ought to be sued; whereas this lady was sued- in her owb proper person, as for a debt of her own '.contratting. Sir ins. MANSFULD delivered,his opinion, that in point of law the Plaintiff could not recover in this union against Mrs. Berry. The Jury found for the Defendant. 44SS4t1L7' AND FALSE IMPRISONMENT. OFFICE OF TitE SHERIFF OF MIDDLESEX,BED. ruKu_sTttE.ET, DEDFORD.RoW, i•Ls. 13. nut v. mons. • This day a Jury was, absembled, before JOSEPH BIRCH/41.1. j Esq. A6ling Under Sherifffor the county of Middlesex, in order to assess damages in this case, the Defendant having' allowed judgment to go by default. ,Mr.. BUR,ROUGH ) on behalf of the Plaintiff, ad• dressed the Jury, and after animadverting upon the freeinenby and the nature of similpr cases that had otnelefore them, said, he believed. that. they had never had occasion to investigate one of a more gross and insulting nature in all its, parts than that which he was about to narrate to them, and for which they were to award damages. The circumstances of the case were theso:- 7 4.aurence.Paul, Esq. the Plaintiff, is a Gentleman of ivspe6tability, and has resided under 'the British Government,_ in India, for thirty years past, being extensively engaged in trade as a' merchant, in the province of Oude. The Deft4td ant; Henry Moore, at the time of the assault in ques tion, was Captain of the Ship FortuotOlate a Spanish Frigate, the St, lap, captured last war), a 11 cigl,t.7 ed Vessel, which had been sent from this country, with convias, to Botgny Bay, and having pr;:;,:teded from Ahem,' to Bengal, was on her homeward voyage, and had several passengers on board., , Plaintiff had been absent, from his native cotintry nearly forty years, And being desirous once more to visit it, he took his passage on board this Ship, for which he not only paid 3000 sicca rupees (about 4001. sterling) fur half a cabiii, but also took on board provisionS to the amount of 1000 rupees.-!-- Ttiese sums, as well as every other consideration,, entitled him to the best treattnent. The Ship sailed from Calcutta about the 6th ofApril, 1807, and the Captain's coarse and Unpleasant condo& soon becilie discoverable to the passengers, several of Whom were ladies. No patticular hostility had,, hoWever,. manifested itself, nor had any altercation taken place 'otfi;Oard to the jilt!) of June, when the,nAsailltas committed on Mr. Paul.'- Indeed, the tempee - and behaviour of Mr. Paul, during the voyage, were of such a najure as to render him esteemed and re spe&ed by all his fellow passengers and the crew, all of whom would, most willingly, thcise faas; and it was really impossible :to :account for the Captain's seemingly .partieular malice to Mr. Paul, at once so unbecoming a man, a,Cons mender, and a Gentleman. Upon' the Isth of Jinn, between five and six o'clock in- the evening, Aker the company had retired from dinner, at the Cap tain'i table, where sobriety was always observed, the Defendant went to the quarter-deck, or poop, and having previously 'Ordered' a carpenter to nail up a board-s-he amused himself by firing at .a living fowl . suspended to it, in the presence of several of the passengers, amongst whom was the Plaintiff. The Defendant ebserved to a Mr. Charles %wag, fifth-mate of the Fortune, " dist it was necessary be (the Defendant) should get into practice, as Ito might heve .something; to do- with these jockies (meaning the passengers around him) at St. Helena, and diet he should not seish for better sport than to sit opus the'guns, drinls a glass of wine; and ex diangeshots with them across. the 'deck." During this title, neither M:. Paul, nor any 'other person, 'spoke so the Defendant, 'tsar in any misuser what ever •give him the least offence. .171 e, however, then. acdressing himself to the Vaintiff,. said; " By G—d, 1 should like to, take you first, Mr. Paul ;" and immediately after put a pistol into his hand, and - ordered his servant to bring up wine. Mr. Paul very civily asked him " If lie . was in earnest, and meant to challenge him ?"—To that he replied, " Certainly, by cir—d." Mr. Paul then requested to see - Mr. Gott, a fellowl.esaenger, who was then leelow, and who, on being sent for; as . a friend to 'Mr. Pant, observed to the Defendant, that that was a ver' improper place to fight in, and advised the Plaintiffamt to do it there. Upon this the Defend.; ant went up to the Plaintiff in a great passion, and holding his pistol in a menacing manner to the Plaintiff's face, said, " 13—n you, I would not fight with such a: blackguard, scoundrel. 'lt would be an. insult to any Gentleman to fight with such a old • blackguard." 'Mr. Paul then asked the CiPtain, who it was he called a blackguard svottudrel ? To which the latter direCtly answered, "Why, you; d—n you," Mr. Paul. being irritated at this gross itingeage, retorted the same terms upon the Defendant; who immediately threw down the pistol which he held, abd, running . at Mr. Paul (who is sixty years or age, iiind twenty years older than . the Dafendaet), seized hims by the collar, and struck him two or three violent blows with his fist on the Lace. 'rho c.onsec.tenets of this were, a black eye, and his face otherwise disfigure.l. The , Defendant still, however, thirsting for. further re venge, was attempting .to repeat - his blows, when tw o of the Gentlemen present, Mr. Gott and Mr. Willed (the first mate,) interposed, and prevented him. 'Mr: Gott, as a 'friend, advised Mr. Paul then to quit the poop, and go on the gun-deck, which Mr. P. immediately did, and continued walking there. The' Defendant then addressing himself to Mr. notavithstanding the 'Plaintiffs peacable departure, cried out, " Kick him down, kick the old 6-r down," and leaning over the breast rail of the poop, in a loud and abusive strain, and in the hearing of all on deck, exclaimed, a D-Ln your eyes, you old scotindrel, you are bathing, but a blackguard ..Frenchman, a thief; a vagabetid, and a swindler; you were \ kicked out of Catcutta for swindling,• and I can prove it till, d---a you. Kid I not ,a ship alongside of us, and you would not tight, you. blackguard ? I'll shoot you in your cabin, if you . say a prcvent you going ashore till you are in England, and then you shall be sent to the Alien Oflice." To this shameful language the Plaintiff made 'no 'answer whatever. The Defendant, however, unsatisfied with the in jury he had done Mr. Paul,' ordered - him to be taken into the custody 'of two centinels. The Plain tiff was accordingly confined to his own cabin, with centinels placed over him with cutlasses, and thus continued in confieement from seven o'c,:lock in the evening - tilt eight o'clock the next *morning, when he was liberated. Now it was fur this offence ~(centinucd the Learned. Counsel) that they were Called :upon to give damages to the Plaintiff. It was a case which he had by no means exaggerated for it would appear that thire was much more rea son for hint to desire them.to be moderate than to give exoessive damages. He asked nothing out of the ordinary way, but merely a reparation to a gen tleman of Mr. Paul's respectability, who had been' struck, abused, disgraced, and imprisoned, on board a ship, without , having given the smallest provocation. , .. , 'He concluded with cautioning them against being swayed .by any assertionl that might be made, by the CoCmsel on the opposite side, un less subitantiated by evidence. They were to attend to the faets only as they appeared upon proof; and he had no doubt • of subitantiattng his case to the utmost extent, and that they would give their judg ment accordingly. , In support of the above statement,, Mr. BURROUGH called as Witnesses Mt ..lohn Wedderby, a passen ger on board the Fortunt.; William Angostus Gott, .Esq. also a passenger ; and Mr. John Willed, First Mute of the above kre.;sel. It is only necessary to state that the testimony of all these Witnesses went not only to substantiate the fads, bet even to aggra vate the 'gross miscondiiet and'unprovoked aggres sion of the Defendant, beyond the narrative 'given the Plaintiff's Counsel.' Mr. I'ADDx then addressed the Snry as Counsel for the Defendant. He begao by stating that. it was-impossible to attempt a total .justievation of his Client's conduct„ he itaviog already allowed judge meat to go by default, thereby acknowledging his w"slUilily of the offvuce he hitt: c;.intinnted. Ile Wag, however, instrAed to expreAg Capt. Moore's 7 sorrow for what hatthanpan.!:!. Aft - rdinne!r,, ...t t e t i -shooting at a trrark, thtt Plaintiff rather itieautious'l , „.came •up to him, and entered:into a converidioim. 1 .which-occasioned some altercation tai take place ot ed 1 the Plaintiff was the first person who spoke of chal lenging. One circumstance, •he observed, which t tended to chew that the Defendant did not Moan to i t challenge the Plaintiff was, that the pistol he, the 1 Defendant, put into his, the Plaintiff's, hands, •was found, upon subsequent examination, not to Le I loaded. Although he could not justify the Defena- ' ant's condua in striking the Plaintiff with a pistol, 1 and putting centinels over hint, he could ve-tai.wc - iv _say, that the . Defendant was not originally serious in . Meaning by hiS expressions to offer an insult.' Tne subsequent confinement had been intended to pre .vent further mischief from ensuing during the re mainder of the Voyage ; 'and the fita tvas, that . the ' Defendant had concluded. himsoll peaceably durin.; tlie"Whole of the sub Sequent iperiod. It was evident , thatthePlaintiff had suffere.d no material injury of a durable nature, as they ' now saw him before thein ,withobt a. black eye, or a discoloured face. The question before them was, what• Was the real 'amount of the injury sustained by the Plaintiff)- They 'wet* not to judge of criminal ease, nor to ascertain, by their verdict, whether the Captain had transgreed the rules of propriety, but they were tper, , ly to juke of, an insult said to have been offered by bitn, after dinner, when it. might he sca:)posed he was heated by wine. Upon the whole, it seemed to h ave ori ginated in perfe& good-hitmour ; and to olake 0.1.pn the more convinced of this, it was Only necessary for 1 him to add that the'Captain was an Iri3hinan, - and therefore; however.good-buniutated he might be •at the commencement of the conversation, he wonld naturally become of a warm dud irritable temper, when provoked by any eipre,.:ion which be inis)ht deem insulting during intoxication. Mr.Buattooon, inihis rtply, observed, that none of the circumstances he had 'stated were by any means contradicted by the evidence addncedfor the Defendant.. • ' ' , _ .. . _ J. • But4 - tti4t.L, Esq., theti.,sumined up, the evi. deucc;. Atier which the Jury returned a verdid, for. the . Plairailf—Darnages 20 01. rvE§rittasTEß SESSIONS. On Saturday, the adjournment day for the City and Liberty Of Westminster; was held at Guildhall, King -Street, Westminster._ Mr. Ma INWAIIING, and a number of Magistrates, appeared on the Bench.--- The principal business of the day to be brought be fore the Venn; was the obje&ion 'taken by tine Counsel . fot Bill &awes, and two of his gang Harry Woodford and Bill White, in consequence of an at ledged mistake in copying the preamble of th. , At of Parliament called the Police A. in substituting., the Magistrates at the Thames Police Oifipt!, in stead of the Magistrates of the Thames Police Oifio. They were accordingly brought from Totltillliel<l s Bridewell, and ?laded at the bar. Mr. M N ING addressed them, . and said that the Coort-liad !to, doubt bf their condud coming within. the Apt csf Parliament, and all men ,Of . :their Charaeter, bring found in the streets in company together ; - howe - ier,‘ he was sorry to say, trifling as the variance of the. recital' of the Ad of Parliament might , alliwar, it Wasdeetriad fatal to the convidion. They .weru: ac cordingly discharged, with' a suitable admonition. If Soames is apprehended under 'Similar circum stances, he will be tried as an incorrigible rogue, and consequently liable to transportation,:as he has been twice conviatd. A fine young woman, on. Friday se'nnight, about noon, absented herself,froin the service of her cm ployer, in North-street, Chichester; and was disto vered, by one of her shoes being found on Sunday at the edge of Fletcher's pond, in the field leading from East-gate to Southgate, to have drowned her self therein. ,She had been dejected fur a long time, and a - reprimand from. her mistros is sni . .po§:d to have affected her so, as to induce her to this rish act. Vordict.-4nacy. Great damage has been done op the coast by the storm which commenced early on Friday, morning. Three vessels were sunk off. ltyde (Isle of Wight), and four driven on shore. I\rearly 'the whole of the vessels in the Downs (not less than t 5 .0. sail) were forced to cut. 'their Cables and rnn‘ dOWn Channel. At' Margate; the Lord Keith cutter, and three other vessels, were driven on Shore. A gun-brig . was driven so near the rocks that it was expected the must go on shore. Several otheis,hal drifted near the'ihore with the loss of masts. In' consequence of the heavy fall of snow on Fri day, the Mails on Saturday were several, hours be yond the usual time; some of them did, .not arrive till a We hoUr. at night. The 'Eketer Mail was obliged to stop it Overton—the Gloucester and Worcester near Benson, and the Liverpool at Chalk - - bill 3 the bags were forwarded with difficulty on horseback, „ On Friday morning, during the storm, a consi: derable part of the Prince of Wales's wall, i u James's Park, near the centinel boxes,, was blown down. Several trees in the Queen's garden were: torn up by the roots. , SMITHFIELD MARKET, PLR. 15. This day's market , afforded a middling supply of prime Beasts, ana he shovv of Cattle in geoetal was pretty good ; Beef, Mutton, and Pork. are dearer than our last rbport ; Veal sold at last price, and the trade fur the most part was rather brtlk.—The sales in the Haymarket were somewhat lively ; :Hay, Straw, and Clover fetclitxl last price. The follow ing prices dnd numbers are an accurate statement :ro sigh tho Opal her atone of Sit) Beef 4s. 6a. to ss. 6d,-r•muttoa .is. 6J. toss. 6s. od. to Es. ad.—Lomb os.. od. to -)s. yd.--Potk ss, 6d. to 7s. od. 16io.—Stlezp, t alves, r 79. ▪ 40..). liAy 51.05. to oh bs eat --Cloyot si. I x • tc. 61, 112, od e --. Straw 11. tbs. od. to 24. is. ad. CORN EXCTiANGR, FEB. arc rgi, fresh supplies •of Wheat arrived to --day, fine '-sallip!,!3 hardly tetch Friday's prices, and uther cheaper ; Barley in plenty, and: i s nxe,.pting film) Ts lower ;• White .tease ;more at:lv:lnez ; Grey,' and other'sorts of -Beans at little variaticin ; therevir4 large arrivals of Oats, and. they are clk,aper ; ao•list 'week. I 1